Case law
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Division and case type: CivilCivil Case
…applicant was aggrieved by that assessment and filed notice of appeal intending to appeal against the decree but before that could be done the court made an order that Kshs.361, 111.00 be paid out to the plaintiff together with costs…
…When the applicant wanted to have the decree approved for purposes of appeal is when they were told that the decree could not be approved as no costs had been paid for the suit either at the time of filing or the time of…
Division and case type: CivilCivil Case
…However, how much the plaintiff incurred in legal costs was not stated. That was an item of special damages which was supposed to but was not specifically pleaded.…
…In any case costs of the proceedings before the Tribunal were costs in the cause. They were not claimable here.…
Division and case type: CivilCivil Case
…No order as to costs. Order accordingly. Dated and delivered at Nairobi this 10th day of August, 1998 A. MBOGHOLI MSAGHA JUDGE…
Division and case type: CivilCivil Case
…Nothing occurred in this case further until sometime in the year 2007, the defendant served the plaintiff with a bill of costs.…
…The plaintiff was therefore not aware of the dismissal orders until he was served with a bill of costs sometime in the year 2007. It was then he became aware of the dismissal orders. 7.…
Division and case type: CivilCivil Case
…discretion, the court should consider the nature of the action, the defence, however irregularly it may have been brought to the notice of the court and the question of whether the plaintiff can be reasonably compensated by costs…
…nature of the action should be considered, the defence if one has been brought to the notice of the Court, however, irregularly, should be considered, the question whether the plaintiff can be reasonably compensated by costs…
Division and case type: Milimani Commercial CourtsCivil Case
…That costs of this application be provided for.…
…In the circumstances, he prayed that the 3rd Defendant’s notice of motion filed on 13th July, 2010 be dismissed with costs and the ex parte orders Nos. 1, 2, 3, 4 and 8 be confirmed and granted and that prayers Nos.5, 6,…
Division and case type: CivilCivil Case
…paid within 2 weeks of the date hereof into an interest bearing account in a bank approved by both sides in the joint names of the advocates representing the two parties. (2) The applicant to pay forthwith the respondent’s costs…
…incurred in connection with the execution proceedings. (3) The applicant to pay the respondent’s costs of this application.…
Division and case type: Milimani Commercial CourtsCivil Case
…The defendant will bear the plaintiff’s costs of the suit. Dated at Nairobi this 26th day of November, 2001. T. MBALUTO JUDGE…
Division and case type: Milimani Commercial CourtsCivil Case
…It now claims from the defendant this balance with interest as on the filing of the suit amounting to Kshs 4,162,500, together with interest at court rates until payment in full and costs etc.…
…Consequently I enter judgment for the plaintiff for Kshs 1,486,012.50 with costs and interest.. Dated and delivered at Nairobi this 30th day of May , 1989 A RAUF JUDGE…
Division and case type: CivilCivil Case
…urgency she is seeking: (1) A temporary injunction against Hilton; (2) A tracing order against Hilton; (3) An order against the second defendant to pay off the debt so that her jewellery can be released to her; and (4) Costs…
…In the upshot and while I have considerable sympathy for the plaintiff, I decline to grant the orders sought in her chamber summons and dismiss her application with costs.…
Division and case type: CivilCivil Case
…deemed to be in contempt of court in which he so acts or in which the suit or matter in relation to which he so acts is brought or taken and may be punished accordingly, and (b) be incapable of maintaining any suit for any costs…
…The Advocates Act only prescribes punishments to such an unqualified person adding that such a person cannot maintain a suit for costs against his "client" in those proceedings (s.31 2(b)).…
Division and case type: Milimani Commercial CourtsCivil Case
…Costs to the Respondent. Order accordingly. E. OWUOR JUDGE 24/10/88: Coram: Owuor, J Mr. Ngatia for the 2nd Defendant/Respondent Mr. Kapila for Mr.…
Division and case type: Milimani Commercial CourtsCivil Case
…As the defendant was not presented at the hearing of this application, there will be no orders as to costs. There will be orders accordingly. T Mbaluto, Judge…
Division and case type: CivilCivil Case
…legal representative of the deceased plaintiff in the suit could apply to revive it by showing that the applicant was prevented by any sufficient cause from continuing the suit, the court may revive it upon such terms as to costs…
…In the circumstances, the application dated 10-2-2005 is dismissed with no order as to costs. Dated at Kakamega this 3rd day of November, 2005. G. B. M. KARIUKI J U D G E…
Division and case type: CivilCivil Case
…He prayed for damages, costs jointly and severally, including loss of earning prospects.2 A joint defence was filed on 15.6.97, on their part the defendants averred that they werenot liable in negligence but that the plaintiff…
…In sum this suit is dismissed with costs. Had his suit succeeded the plaintiff would have borne a greater ratio of liability and alldamages worked out would have been subjected to that.…
Division and case type: CivilCivil Case
…That the costs of this application do abide the outcome of the application. The applicant was served with the order and other relevant documents from the Chief Magistrate’s Court, Nakuru.…
…Costs of the suit. d. Any further or better relief deemed fit With the plaint, an application was filed under the Judicature Act, Vacation Rules, and Order XXXIX Civil Procedure Rules.…
Division and case type: CivilCivil Case
…Mr Aboo submits that the period allowed was unreasonably inadequate and disentitles the plaintiff to costs. I would have been prepared to uphold that submission if there had been tender of the sum claimed.…
…That being so the plaintiff is clearly entitled to full costs. The upshot of the foregoing is that I grant summary judgment to the applicant / plaintiff as prayed in the plaint.…
Division and case type: Milimani Commercial CourtsCivil Case
…The application is dismissed with costs.…
Division and case type: CivilCivil Case
…The prayer for inhibition is spent, as the prayers for ejection, damages and costs are all abandoned at the hearing.…
…As the rest of the prayers have been abandoned, there will be no orders in regard thereto, and each party is to bear its own costs of the suit. Orders accordingly. This judgment is delivered Ex tempore. R.…
Division and case type: CivilCivil Case
…The costs of this Application be provided for. 2.…
…He urged the court to dismiss the Application with costs. 4th respondent’s submissions 20.…